Please Help!

[SallyUK]

I've only just found this forum, although have had my problem for years, as you'll read about. I'll try to keep it as short as possible.

 

2001/2 - my husband left me and my two children when we lived in Scotland. He worked abroad (and still does, as it transpires), but when he left initially there was no further contact and no one could trace him. He left lots of loans and debts behind - as I wasn't working at that time, and he was quite a violent person, so forged my signature on a lot of documents. I did visit a lawyer in Scotland who advised me that I'd need to go to court to try and get some maintenance, which happened, and I was awarded £1150 per month - that was on 2003 - but not a penny has been paid of that.

 

Eventually our marital home was repossessed and to save the children seeing that happen, I moved out and into rented property for a few months. After four months, I had the opportunity to move to England and start afresh, which I did.

 

Roll on to 2010 and I'm still being sent letters from debt collectors - I have never contacted any of these people by phone or letter, as I wasn't sure that if I did that, it would mean I was acknowledging the debts.

 

During the time of the separation, I wasn't able to get a divorce from him, due to the fact he couldn't be traced and the legal experts kept telling me I'd need to be able to give an address for him in order for the petition to be served on him. They also said I'd need to take out an advert in national newspapers to prove to any judge that I'd taken every step possible to try and trace him and it would cost around £5000!

 

However, during the past few months, he suddenly appeared and sent a friend request to my daughter and son on Facebook, just out of the blue after all these years - no message at all, just a friend request! The children didn't want to accept him. I got a friend to add him to their Facebook, and it transpires that he's working and living in the Middle East and has a new wife and children!

 

My lawyer was all set to presume him dead, however this has now changed everything as regards the divorce! She said it would be best to try and deal with the divorce side of things first and get him to agree to it, then try and get some of the outstanding maintenance from him. There's also an amount of £3200 due to us from the sale of the repossession, however the mortgage company wouldn't let me have it, as they needed his signature, but no one could find him at that time!

 

Today, another 4 letters arrived - this time from a company in Edinburgh, and it was for four Sheriff Court Summary Warrants, apparently for outstanding council tax. Some of the other letters that I've had are from various other companies, which I'm not sure I can mention on here. They've also started hassling my by phone, although I've never answered their calls, they do leave messages on the answer machine.

 

I didn't go for bankrupty before now, partly becausse I couldn't afford it and partly because I'm so scared of it all.

 

I wonder please if anyone could offer any advice on my situation as it now stands? What will happen with the Summary Warrants?

 

Sorry if I've not explained things in enough detail, but I will be pleased to answer any questions.

 

Sally

[42man]

Hi Sally...i'm sorry to hear of your situation. It sounds to me like a lot of his/your debts are barred by statute. If you are now living in the UK then it becomes statute barred if you have not made a payment towards or acknowledged the debt in 6 years. (If you were still living in Scotland it would be 5 years) There is a letter here that you would need to send recorded delivery - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred

 

As for the warrants i'm not knowledgable on Scottish Law, but i'm wondering if they can enforce these in England (hopefully someone will know)....I will move this thread to the Scottish forums where hopefully you will get some more direction / advice.

 

You may also find it useful to contact the National Debtline, who's advice is free, confidential and impartial - National Debtline – Free, Confidential Debt Advice – Call 0808 808 4000

 

I also hope you manage to get an address for your ex !!

[SallyUK]

Hello 42man

 

Thank you for taking the time to reply, it's much appreciated.

 

I was wondering too about whether the Summary Warrants would be enforceable now that I'm living in England.

 

I have indeed emailed the National Debtline people, just waiting for a reply from them.

 

Oh the solicitor does have an address for my ex - in the Middle East!

 

If anyone else can offer advice, I'd appreciate it very much, thanks again.

 

Sally

[pompeyfaith]

how can he be married if he has not divorced you yet?

[SallyUK]

how can he be married if he has not divorced you yet?

 

Well, he said he was, but who knows if it's true - if it is, then he's a bigamist too!

 

Sal

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